Simple actions such as putting an excited dog in a closed off room when the doorbell rings, pushing heavy items away from the edge of the counter so children cannot pull them down, and replacing burned out light bulbs that light walkways are safety precautions that property owners take to protect not only their families, but also to protect their guests from danger.
Home owners, business owners, and government entities owe a duty of care to visitors and when they do not take proper safety precautions and maintain their property, that is a breach of their duty of care owed to visitors. Premises liability cases arise when someone is injured by a dangerous condition on another person’s property, so long as the injured person was not trespassing and even then, there are some trespasser exceptions.
Our Montebello premises liability attorneys frequently see the following dangerous conditions that cause injuries to visitors on someone else’s property in their premises liability cases:
If you have been injured by a dangerous condition on someone else’s property, most importantly, seek medical treatment. Even if you do not think your injuries are serious, injuries can have a delayed onset. If you seek medical treatment right away, they may discover injuries early and treatment will not be unnecessary delayed so you can get on the road to recovery more quickly. Other important steps to take include:
Contact a Montebello premises liability attorney with The Hayes Law Firm if you have sustained injuries on someone else’s property and believe you may have a claim against the person responsible for the property. Property owners have a duty to maintain their property and when someone is injured by a danger that the owner knew about or should have known about, they should be held accountable.
California law imposes a legal obligation on property owners and occupiers to maintain their premises in a reasonably safe condition free of any unreasonable or hidden hazards. When remedying a hazardous condition is not possible, the property owner has a duty to warn visitors and customers of the condition to prevent bodily injury.
“When the owner or occupier breaches that duty of care, the injured visitor is entitled to pursue a premises liability claim to get compensated for the entailing damages and losses,” explains our Montebello premises liability accident attorney from The Hayes Law Firm.
However, not all accidents on someone’s else property mean that the property owner or landlord was negligent. The injured party must prove a property owner or occupier’s fault by establishing that there was a hazardous condition and the owner or occupier knew or should have known about it.
Under California’s premises liability law, there are no specific rules as to how long a hazardous condition must be on someone else’s property for the owner or occupier to be found liable for bodily injury caused by the hazard.
The first factor that will be considered in a premises liability case is whether the property owner was aware of the condition. The second factor is whether the owner of the property should have been aware of the hazard through due diligence. The third factor is whether “a reasonable amount of time” had passed from the moment the property owner discovered the hazard to the moment when the plaintiff got injured.
That “reasonable amount of time” is a loose concept, which is why a Montebello premises liability accident lawyer must review your particular case to determine whether the hazard was present on the property for an unreasonable amount of time.
Property owners in California are not required to warn their visitors of obvious or reasonably noticeable hazardous condition on their property. A condition is considered unreasonably dangerous and unsafe to the safety of visitors when that condition is not reasonably expected by a visitor on that property.
The obviousness of the hazard will play a major role when determining whether the property owner can be held accountable for your injury caused by that hazard. When gathering evidence to prove that the owner of the property or landlord was aware or should have been aware of the hazard, your Montebello premises liability attorney will consider the following:
If a particular hazard on someone else’s property cannot be fixed in a timely manner, the owner or occupier of that property has a duty to put up a notice or warning of the condition. What the notice or warning does is warn visitors of the existence of the hazard to take the necessary precautions to avoid harm or bodily injury.
The type of warning or notice that is required by California law depends on the dangerous condition. The warning must be visible and obvious enough so that visitors would see it and be aware of the dangerous condition before encountering the hazard.
Consult with our Montebello premises liability lawyer from The Hayes Law Firm to determine whether you have a valid case against the owner or occupier of the property where you suffered an injury. Schedule an evaluation of your case for free by calling at 323-477-1415.
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At The Hayes Law Firm, APC, we serve all of Los Angeles and the Inland Empire, so whether you need a personal injury attorney in Montebello or a premises liability attorney in San Bernardino, we are here to serve you. Unlike other attorneys who view clients as cases, we understand that your experience has a human story behind it, and when you are in our offices, you are like a member of the family. We are ethical and compassionate, and we will take the time to find the best solution for your unique case and will work together with you every step along the way. Contact us today for a free consultation.